Skip to main content

Accused cannot be added to a pending case at mere asking of police

Lower courts should not include every other individual pinned down by the police as an accused in criminal cases without calling for materials to prove their involvement and getting satisfied, prima facie, about the need to prosecute them, the Madras High Court Bench here has said. Justice S. Nagamuthu made the observation while setting aside an order passed by a Judicial Magistrate at Uthamapalayam in Theni district on March 12, 2007 including two individuals as additional accused in a cheating case at the mere asking of the Rayappanpatti police and without any basis.

The judge pointed out that the police had initially booked the case against only one individual. Subsequently, an Assistant Public Prosecutor filed a petition under Section 319 of the Code of Criminal Procedure requesting the Magistrate to add two more individuals as accused in the case. The petition did not contain any detail about the materials available with the prosecution to array the two as additional accused and as to how were they involved in the crime. Yet, the Magistrate allowed the petition and added the duo as accused forcing them to approach the High Court.

Shocked over the injustice that had been caused to the two individuals, Mr. Justice Nagamuthu said: “In the instant case, I regret to say that both the Assistant Public Prosecutor and the learned Judicial Magistrate have failed to discharge their legal obligation in a proper manner.

“I do not understand as to how a Judicial Magistrate can pass such a non-speaking order without reference to the evidence and without reference to the requirement under Section 319 of the Cr.P.C. This is a classic example of how a judicial order should not be passed by any court.”

The judge directed the High Court Registry to forward of a copy of his order to the Magistrate, who was presiding over the court in Uthamapalayam in March 2007, “if he is in service even now and wherever he is, so that he does not repeat the same mistake in the future.”

Article referred: http://www.thehindu.com/news/cities/Madurai/accused-cannot-be-added-to-a-pending-case-at-mere-asking-of-police-says-high-court/article7128115.ece

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Property can be sold on power of attorney - Delhi High Court

As reported in the Hindusthan Times on 5th May:-  http://www.hindustantimes.com/India-news/NewDelhi/Property-can-be-sold-on-power-of-attorney/Article1-1054964.aspx In a judgment that will benefit lakhs of Delhi residents living in co-operative housing societies and DDA flats, the Delhi High Court has quashed a Delhi government circular banning property sale in the Capital through general power of attorney (GPA). The court found that the directions in the circular, issued by the revenue department on April 27 last year, were contrary to the Supreme Court judgment dated October 11, 2011. The HC order will increase the number of saleable properties in Delhi and could bring down the value of freehold properties. According to realty watchers, on an average, around 20% of properties are registered through GPA transfers — a common way of selling leasehold properties and those that don’t have a clear title. The judgment came on a petition filed by a company, Pace Developers and ...